Study On Electronic Contract In The Internet Bank Businesses

As a new form of contract in the bank businesses, there is a profound inevitability for electronic contracts'creation and development. Extensive use of electronic contracts improves the efficiency of bank's transactions greatly, saves the cost of bank and also has brings convenience for people. But meanwhile, to ensure sustained development and consider safe and efficient, it was necessary for us to study and discuss facing the great legal issues in internet banking. To straighten out electronic contracts which signed by internet bank and client, this thesis have a fruitful discussion on electronic contracts in internet banking.This thesis consists of five chapters:Chapter I introduces general theories about internet banking and electronic contract. About internet banking, this part introduces its concept,international and domestic present situation and business scope. About electronic contract, In addition to setting clear demarcations about electronic contract, this part analyze the Characteristics of electronic contract and contract exists in internet bank and client.Chapter II is the core of this thesis. This part discusses the contractual relationship between internet bank and its clients from three sides. First, it analyses subject of electronic contract and acknowledgement of the identity, because there is a decided difference between electronic contract and traditionally finance contract. Second, it analyses the detailed process of the electronic contract formation including electronic declaration of will, electronic invitation to offer, electronic offer, electronic acceptance, the time and place of establishment. Third, it analyses the behavior of sending command by clients and the behavior of receiving and executing command by internet bank. And it also defines the relationship between the behavior and the underlying contract.Chapter III analyses unfair standard clauses in electronic contract from three sides. First, it analyses character and cause of unfair standard clauses in electronic contract. Second, discussion is given to manifestation of unfair standard clauses. Third, it analyses the effect of unfair standard clauses in electronic contract.Chapter IV analyses the contractual rights, obligations and contractual liability of the two parties. First, it introduces the contractual rights, obligations of the two parties in the internet bank. Second, it analyses contractual liability of the two parties including contracting fault liability and liability for breach between internet bank and client. Chapter V On the basis of the summary of the thesis, it is the thinking of legislation of electronic contract: about the subject qualification of internet bank, this paper put forward that virtual internet bank should be displayed in the legislation at the mature time; meanwhile, modified regulations about rights and obligations , contractual liability in Commercial Bank Law.